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13/11/2020

Order Blocking Banning Of TikTok Appealed By US Government




Order Blocking Banning Of TikTok Appealed By US Government
An order by a Pennsylvania judge delivered on October 30 that blocked the United States government from imposing restrictions on the Chinese owned short video sharing app TikTok that were set to take effect on Thursday has been appealed against by the government, said the US Justice Department.
 
An executive order issued by the US government in August was aimed at barring transactions with TikTok, which its Chinese owner ByteDance had said would effectively prevent the use of and business of TikTok in the US. The executive order was issued by the US Commerce Department.
 
There was apparently no great hurry on the part of the Trump administration to impose the ban on TikTok according to which ByteDance was to sell of the US business of the app by Thursday.
 
According to analysts, the Trump administration apparently did not make any immediate efforts to enforce that August order even as there was no clarity on whether the government will agree to formally extend a request for deadline for the sale of TikTok that was made by ByteDance.
 
In reference to the order by Judge Wendy Beetlestone, on November 1 the US Commerce Department had said that it would comply with the order blocking the ban, but had added that it would "vigorously defend" its actions.
 
No comment on the decision of the Trump administration to appeal to the US Third Circuit was available from TikTok.
 
Beetlestone enjoined the agency from barring data hosting within the United States for TikTok, content delivery services and other technical transactions.
 
The actions against TikTok had been taken by the Trump administration because it believes that the app is a threat to the country’s national security as there is a chance of personal data of about 100 million Americans lying with TikTok could be transferred or handed over to the Chinese government and its agencies. These allegations have been denied by TikTok and ByteDance.
 
The "government’s own descriptions of the national security threat posed by the TikTok app are phrased in the hypothetical," Beetlestone wrote.
 
In connection to a case filed by ByteDance against an order by the Trump administration’s Commerce Department that ordered Apple Inc and Alphabet Inc's Google app stores remove TikTok for download by new users, a preliminary injunction blocking the order was issued by US District Judge Carl Nichols in Washington on September 27. That order had been set to take effect later that day.
 
Before a Thursday divestiture deadline, it wanted a resolution of national security concerns it has raised about TikTok, the US Treasury Department said on Wednesday.
 
Negotiations with American firms Walmart Inc and Oracle Corp and ByteDance are ongoing for a possible deal with of shifting the US assets of TikTok into a newly formed company called TikTok Global. A 30-day extension of the divestiture deadline was requested from the Trump administration by it, the Chinese firm said on Tuesday, so that the deal could be finalised.  In September, Trump had said that the deal had his "blessing."
 
(Source:www.foxbusiness.com)

Christopher J. Mitchell

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